Revolutionary War Pension and Bounty Land Warrant Application File S. 16116, Consider Fox, New York

SERVICE
NUMBER
New York
Fox, Consider
S. 16116
carded
CONTENTS

New York, N o 24,767
Consider Fox
of Saratoga Co. in the State of New York who was a Private in the company comman by Captain Sanford of the Reg't. comman by Col. (Wynkoop) in the N. York Troops time for 11 months & 5 days
Inscribed on the Roll of New York at the rate of 37 Dollars 21 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21. day of Feb'y. 1834 and sent to Hon. J. Cram H. R.
Arrears to the 4th of Sep-1833 93.02 Semi-ant. allowance ending March 1834 18.60
$111.62
{ Revolutionary Claim, Act June 7, 1832
Recorded by D. Brown Clerk
Book E. Vol. 4 Page 101

See letter May 17 1839 to Hon. M. J. Pierce do. to same May 25, 1839
Dead
Paid at the Treasury under the Act of the 6 th April 1838 from 4 March 1840. to 23 April 1840 Agt Notified 21. April 1841.

State of New York } County of Saratoga }
On this fifth day of September, 1832 personally appeared in open court in _____
The court of common pleas and general sessions now sitting consider Fox a resident of Providence in the County of Saratoga and State of New York aged seventy three years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he was born in New London State of Connecticut in the year 1749 that he has no record of his age that when he entered the service and during the revolutionary war he resided in Hancock County of Kentucky State of New York that he enlisted in March 1776 in company commanded by Cornelius Sanford for ten months that he served the same at Skeensborough and Peynendough Col. Wynkoop commanded the regiment and Gen. Gates the whole force that in the spring of 1777 he was called out in the militia company commanded by Daniel Schenck marched to Schoharie served six weeks that soon after returning home he was called out with one half of the company or militia to which he belonged commanded by James Armstrong marched to Fort Edward then served one month under command of General Schuyler served half a month near Saratoga under Capt. of Niles that in 1778 he served under Capt. Niles at Cobleskill County of Schoharie seven weeks guarding against incursions by the Indians
That since the revolution he has resided in New Lebanon six years and Tades Creek Montgomery County N.Y. for years or more that he now resides in Providence County of Saratoga and State aforesaid and has five heirs that he never received any discharge from the service

and that he knows of no person living who has a personal knowledge of his services
That he is known in the neighborhood where he resides by William Groom an Elder in the Baptist Church Fonda's bush Montgomery County and James Sumner a Deacon in the church aforesaid and State of New York and Jabez King an Elder in Falmouth that he has no documentary evidence
That he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state
Consider his Fox Mark
Sworn to and subscribed the day and year aforesaid in Open Court
Thomas Palmer Clerk
We William Groom residing in the town of Broadalbin Fonda's bush and James Sumner residing in Providence hereby certify that we are well acquainted with Consider Fox who has subscribed to the above Declaration that we believe him to be seventy three years of age that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn and subscribed the 1 st day of September 1832
W m Groom James Sumner
Calvin Wheeler Justice

State of New York } Saratoga County } ss.
I Thomas Palmer Clerk of the County of Saratoga do certify that Calvin Wheeler before whom the foregoing sworn Affidavit purports to be sworn was at the date of the same one of the Justices of the Peace in and for the said County, and that I am acquainted with his hand writing & verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature -
Witness my hand and Seal of Office the fifth day of Sep- tember 1832 -
Thomas Palmer Clerk

7 th I hereby certify residing in the Town of Gahanna  in the County of Franklin I hereby certify that I am well acquainted with Consider Fox who has not subscribed to the above declaration that I believe him to be seventy three years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that I concur in that opinion Given & subscribed in open court Sept 5. 1832 Elder James Young Official Palmer Clerk

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them that W m Groom who has signed the preceding certificate is an elder of a Baptist church Tondas bush Village County of Montgomery and that James Sumner is a deacon of said church and a resident of Providence Swataga County is a credible person and that their statement is entitled to credit
I Thomas Palmer Clerk of the Court of common pleas and general sessions do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Conider Fox for a pension
In testimony whereof I have hereunto set my hand and seal as official this fifth day of September in the year 1832
Thomas Palmer Clerk

Converse Fox
1791
7
Saratoga County Town of Broadview S.S.
March 28 th 1843
Personally appeared before me the undersigned a justice of the peace of said Town Con- -verse Fox who being duly sworn deposes and saith that by reason of old age and the consequent loss of memory he cannot now precisely as to the pre- -cise length of his service but according to other best -of his recollections he served not less than the period mentioned below and in the following order for ten months I served as a listed soldier under Cornelius Samped 10 I served as a private in the Militia in a company com- -manded by Daniel Schenck for six weeks I served in the 40 th Militia in Albany under James Duncanson I served fifteen days 65 or more in the Militia in a company commanded by Capt. Turner I served seven weeks in the Militia 49 I served four weeks in Albany under Capt. Hildreth I served in the Militia under the command of different officers whose names I can't now recollect a number of times on alarms from two days to five or six days on a week - all the services was passed as a private. I believe the whole of my services which I passed as a soldier in the Revolution amounted at least to one year & six months & for such service I claim a pension. this Subscribed and sworn to this day and year above Converse Fox Mark Justice of the Peace

State of New York Saratoga County
Consideration
I Alpheus Goodrich Clerk of the County of Saratoga do certify that Jesse Briggs before whom the within Affidavit purports to have been sworn was at the date of the same, one of the Justices of the peace in and for the said County; and that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature —
Witness my hand and seal at Office the 23 d day of April
1833
A Goodrich Clerk

1 st Brief No 7910
Consider Top.
Suspended.
Admitted
11 Mo & 5 days 58.
16.
24 Sept 1832 14 Nov 1832
Hon J. Cram House Reps C. Wheeler N.Y.
Agent Providence N.Y.

No 7910  BRIEF in the case of Consider Top of Providence County of of Saratoga in the State of New York (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge?
In Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he?
73. Years.
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank Names of General and Field Officers under whom he served.   Years, Months, Days.     March In 1776. 10. Private Gen. Col. Myncepp & Genl. Gates.   Spring - 1777. - 1. 14 " Genl. Schuyler.   1778. 1. 21. " Genl. Schuyler.   10. 5 Capt. Kilb.  
5. In what battles was he engaged?
None stated.
6. Where did he reside when he entered the service?
Herkwick County of Rensselaer, New York
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?
By traditional evidence.
8. Are the papers defective as to form or authentication? and if so, in what respect?
They appear to be in due form.
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Orby Examining Clerk.

Amsterdam May 21
May 21
Miss J. L. Edwards Coast of Oregon
Washington D.C.

Amsterdam May 21
May 21 Em
Dear J. L. Edwards Cousin of D. Morris
Washington D.C.

Amsterdam May 21. 1839
Dear Sir
In reply to your letter of the 17th ultimo in the case of Leonard Foss - I would state the reason of my asking for a copy of the first report made in his case is that Mr Foss receives only a part of a Pension and he now thinks he can make out more time and thereby increase his pension - I ask for no more than I suppose the old man is entitled to -
I am yours respectfully Matthias J. Boreel
Hon J. L. Calvandi

P
16/1/6
INVALID.
See
File No. 16/1/6
Consider Stop
See Prev War
Act: June 7 th 87
Index:—Vol. 1 , Page 441
[Arrangement of 1870.]

Amsterdam May 8
Em.
Canterbury
p p

Con.
May 18 1878
Conder Fox, R R

Amsterdam May 7. 1839
Dear Sir
I wish you to give me a copy of the report made in the case of Consideration of this State Saratoga County
I am yours respectfully
Mathias J. Boreel
Hon J. L. Edwards

Adol. Smith
Conrad Fox
N.Y.
J. L. Edwards Esq- War Department Pension Office Washington City D.C.

addl. pmt Consideration N.Y.
J. L. Edwards Esq- War Department Pension Office Washington City D.C.

Sir
Providence R.I. August 14 1833
Enclosed I send you an affidavit of Consider Fox to be attached to his papers on file in your office on pension claim —
As to the character of Mr Fox as to veracity and sobriety it can be sustained to any extent required in the circle of his acquaintance but like many others of his age he is much impaired in body and mind — He has probably stated all he can ever state relating to his claim honestly (no doubt) is not exactly uniform — His claim is with you — I have no doubt you will "do as seemeth to you right."
Respectfully Yours
C Wheeler
J. L. Edmond Esq.

Providence Feb. 3 rd 1834
Dear Sir
A man who resides in this town by the name of Conside Fox has applied for a pension his papers are now in the war department considerable time has elapsed and I have heard nothing from them since an addition was made by the applicant. The applicant is a very worthy man and has a respectable family with us but are all in low circumstances the old man being destitute is supported at short periods alternately by his children the pension if it could be had would be of vital importance. If you could devote a short time to this subject at the war office and if an opinion has not been passed yet one if you can it would be acknowledged as a signal favor by the relatives and by them no less than by your obedient servant
John Cramer Esq. Calvin Wheeler
MS. No doubt is entertained in this region of the justice of this claim however it may be determined

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 14 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child of Consider Fox, decd. a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Thirty Seven Dollars and 21 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1840, to the 23 rd April 1840.
Respectfully yours,
Wilson B. Tazewell
Comptroller.
To the Commissioner of Pensions,
Present.

Ms. B. 1. 6 v. 10, p. 7910
Consider Top. —
C. Wheeler agent

No 7910 BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Conrad Top which require further proof or explanation.
I. Does the declaration show where the applicant resides?
Yes.
II. Did the declarant make the declaration in the county where he resides?
Yes.
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?
Yes.
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?
Yes.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes.
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
Yes.
VIII. Has the Court given their opinion?
Yes.
IX. Has the Clerk given his certificate?
Yes.
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Yes.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
Yes.
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
Yes.
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? And is the official character and signature of the magistrate certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡Are the papers authenticated as the regulations direct?
Yes.
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes.
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

State of New York County of Saratoga
Personally appeared before me, John Briggs one of the justices of the peace in and for said County, Consider Fox who being duly sworn, deposes and saith that he is the same, identical Consider Fox who made application for a pension in open Court of said County in September 1832 under the Act of Congress of June 1832 and who also made the supplemental affidavit thereto annexed in which said services are claimed - This deponent saith that on subsequent reflection he has no doubt he served as a soldier in the war of the revolution at least 18 months but that he cannot now detail with any more precision his services than they are detailed in his original application which covers with certainty twelve months that this deponent knows of no person living who has a personal knowledge of his services in said war of the revolution - And this deponent further saith that from his advanced age and debility and consequent imperfection of memory he can give no relation with any more minuteness and further saith not
Sworn and subscribed before me. This 12 th August 1833 John Briggs Justice
Consider Fox Mark

State of New York Saratoga County ss
I Alpheus Goodrich Clerk of the County of Saratoga do certify that Jesse Briggs before whom the within affidavit purports to have been sworn was on the date of the same, one of the Justices of the peace in and for the said County, and that I am acquaint- ed with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature —
Witness my hand and seal of Office the thirteenth day of August 1833 — A Goodrich Clerk